Compensation for Undocumented Workers in Downey

In California, most employees who sustain job-related injuries have the right to receive workers’ compensation benefits regardless of their citizenship status.

At Glauber Berenson Vego, we help undocumented workers and their families understand the ins and outs of receiving compensation for work injuries in Downey. We can appreciate the difficulty of being in this situation and not knowing where to turn. Our compassionate team is here to defend your rights and help you get what you need to support your family while you heal.

Who Is Eligible for Workers’ Compensation?

Under California Labor Code § 3351(a), most employees can get workers’ compensation benefits if they have a work injury. California law specifically includes undocumented workers in the definition of eligible employees as long as the worker is an employee rather than an independent contractor or volunteer.

Under the C.L.C. § 3352, the following categories of workers may not be eligible for workers’ compensation benefits:

• In some cases, people who work for their immediate family members
• Volunteer workers who only receive things like meals or lodging as payment for their services for nonprofits (like a church)
• Domestic workers (like nannies) who worked less than 52 hours or were to earn $100 or less in the 90 days before the injury
• Some student athletes who participate in amateur sports for a nonprofit college and only receive things like scholarships or meals as compensation

Other types of work may qualify or disqualify someone from receiving workers’ compensation benefits. In most cases, whether someone is eligible for benefits depends on their employment relationship with their boss. For example, if their employer provides project-based jobs that the worker is free to reject or accept at will, the law may classify the worker as an independent contractor who is ineligible for benefits.

Someone’s undocumented status may not directly disqualify them from receiving any workers’ compensation benefits in Downey. Rather, it may depend on the reason they cannot return to work and other factors like the type of work they do, the frequency, and how they are compensated for their time and services. A seasoned workers’ compensation attorney is the best choice to help people understand their rights under these nuanced California laws.

What Workers’ Comp Benefits Can Undocumented Workers Receive?

Undocumented workers may be eligible to receive the same types of workers’ compensation benefits as United States citizens. For example, a work injury settlement might include payment for medical expenses, temporary or permanent wage loss benefits, job training vouchers, or wrongful death benefits.

Temporary benefits are available to those with a qualifying work injury that prevents them from returning to work for a limited period of time. These benefits are meant to sustain workers until they can return to work.

Permanent benefits, on the other hand, compensate the worker for severe injuries that may prevent them from ever returning to work. Undocumented workers in Downey and throughout the state may also be eligible to receive these benefits if their work injury prevents them from returning to their pre-injury job.

Discover How a Downey Attorney Can Help Undocumented Workers Pursue Compensation

Experiencing a work injury can severely impact your ability to provide for your family. California protects workers’ rights to receive compensation after an injury, but federal law may limit your options. If you are in this tricky situation, a knowledgeable attorney could help you get the compensation you are entitled to.

Our experienced workers’ compensation firm welcomes the chance to fight for your right to receive benefits. We understand the unique challenges facing undocumented workers and we are here to assist you. Contact us today for help understanding workers’ compensation for undocumented workers in Downey.